May 04

Sayles Werbner Wins Finding of No Direct Infringement in Patent Lawsuit Over Online Shopping

TYLER  The Dallas trial law firm of Sayles Werbner successfully represented Newegg Inc., the world’s second-largest online retailer, in a recent patent infringement lawsuit over the technology used in online shopping.

Dick Sayles, co-founder of Sayles Werbner and lead trial counsel, represented Newegg along with firm attorney Mark Strachan and attorneys from The Webb Law Firm in Pittsburgh. The jury trial decided on April 30, 2010, was heard by the Hon. Leonard Davis in the U.S. District Court for the Eastern District of Texas (Soverain v. CDW Corporation, et al., No. 6:07-CV-00511-LED).

Newegg originally was sued by Chicago-based software company Soverain Software Inc. in 2007. At trial, attorneys for Soverain claimed that Newegg infringed three Soverain patents, U.S. Patent No. 5,715,314, No. 5,909,492, and No. and 7,272,639, which cover various aspects of Internet commerce, including a Web-based sales system and interactive online shopping carts.

Jurors in the case found no direct infringement of the Soverain patents and rejected the company’s request for nearly $40 million in damages. In the verdict, jurors awarded $2.5 million to Soverain based on Newegg’s indirect infringement of the ‘314 and ‘492 patents.

“We have always believed that Newegg’s Web site and online commerce system did not directly infringe Soverain’s patents, and we are pleased that the jury has agreed with us,” says Mr. Sayles. “While all the original defendants except Newegg decided it was better to settle their cases, our client was prepared to fight and be vindicated in court. The amount awarded was small in comparison to what Soverain sought, but this case showed that Newegg isn’t afraid to stand up for itself and will not bow to the pressures of litigation.”

Sayles Werbner has an international reputation as a "go to" trial law firm in multifaceted business litigation, intellectual property, patent litigation, life-altering personal injury cases, product safety lawsuits and other areas of the law. More information about the firm can be found at http://www.swtriallaw.com/.

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